BILL NUMBER: AB 1210	CHAPTERED  09/27/99

	CHAPTER   502
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   APRIL 7, 1999

INTRODUCED BY   Assembly Member Strom-Martin
   (Coauthor:  Assembly Member Oller)

                        FEBRUARY 26, 1999

   An act to amend Sections 8226 and 8552.6 of, and to add Sections
8043.2, 10502.7, and 10656 to, the Fish and Game Code, relating to
marine resources, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1210, Strom-Martin.  Marine resources:  commercial fishing:
Bodega Marine Life Refuge.
   (1) Under existing law, commercial fishermen are subject to
specified landing receipt requirements under specified circumstances.

   This bill would impose landing receipt requirements on certain
commercial fishermen, as specified, including maintaining an accurate
tally sheet of sales and recording the total of daily sales at the
completion of sales for that day on a landing receipt as an
alternative to making a landing receipt for each individual sale.
   (2) Existing law requires a weighmaster, as defined, to obtain a
license from the Department of Food and Agriculture prior to
performing the duties of a weighmaster, and to comply with other
specified requirements regarding weights and measures.
   This bill would specify that certain commercial fishermen shall
not be considered weighmasters for purposes of those requirements.
   (3) Existing law requires any person in possession of a salmon
with a missing adipose fin, upon request by an authorized agent or
employee of the Department of Fish and Game, to immediately
relinquish the head of the salmon to the state for recovery of any
coded-wire tag.
   This bill would make it unlawful to intentionally conceal, cull,
or release into the waters, a salmon with a missing adipose fin that
is otherwise legal to possess, thereby imposing a state-mandated
local program by creating a new crime.  The bill would require a
commercial fisherman selling his or her own catch to the ultimate
consumer, upon request by an authorized agent or employee of the
department, to immediately make available all fish in his or her
possession for inspection and sampling.
   (4) Under existing law, a herring permit may be issued to 2
individuals if the individuals are married or are partners in a
partnership, and meet specified requirements.  Existing law provides
that a herring permit may be transferred to one of the partners to be
held thereafter in that partner's name only if that partner has not
less than 10 experience points as computed pursuant to a specified
formula and there has been a death or retirement of the other
partner, or other specified circumstances exist.
   This bill would provide that in the event of the death of one of
the partners, where the partnership existed for longer than 6 months
but less than 3 years and the surviving partner does not meet the
minimum experience points to qualify for a transfer, the permit may
be transferred on an interim basis for a period of not more than 10
years to the surviving partner if an application is submitted to the
department within 1 year of the deceased partner's death and the
surviving partner participates in the fishery for the purpose of
achieving the minimum number of points to be eligible for the permit
transfer.
   (5) Existing law provides for marine life refuges, established for
marine resources protection and scientific study.
   This bill would authorize the Director of Fish and Game to appoint
the Director of the Bodega Marine Life Refuge.  The bill would
specify the authority of the marine life refuge director.  The bill
would make it unlawful to enter the marine life refuge for specified
purposes without authorization, or to anchor or moor a vessel in the
refuge without authorization, with a specified exception, thereby
imposing a state-mandated local program by creating a new crime.
  (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (7) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8043.2 is added to the Fish and Game Code, to
read:
   8043.2.  (a) A commercial fisherman licensed pursuant to Section
8033.5 who sells fish from a vessel directly to the ultimate consumer
and  who is required pursuant to Section 8043 to make a landing
receipt shall make a landing receipt in either of the following ways:

   (1) For each individual sale  by that fisherman at the time of the
sale.
   (2) For each day that the fisherman is engaged in one or more
sales to the ultimate consumers, the fisherman shall maintain an
accurate tally sheet of sales, which shall include complete header
and signature box information filled out prior to any sales, and the
number of pounds by species of fish sold.  The total of the daily
sales shall be recorded at the completion of sales for that day on a
landing receipt.  A copy of the completed tally sheet shall be
attached to the corresponding landing receipt.  The original
completed tally sheet shall be attached to the fisherman's copy of
the corresponding landing receipt and maintained for a period of four
years.
   (b) A commercial fisherman licensed pursuant to Section 8033.5 who
sells directly to the ultimate consumer, or a commercial fisherman
who sells or delivers fish that the fisherman has taken to any person
who is not licensed under Article 7 (commencing with Section 8030)
to conduct the activities of a fish receiver, shall not be considered
a weighmaster for purposes of Chapter 7 (commencing with Section
12700) of Division 5 of the Business and Professions Code.
   (c) A commercial fisherman selling his or her own catch to the
ultimate customer, upon request by an authorized agent or employee of
the department, shall immediately make available all fish in
possession of the fisherman for inspection and sampling by the agent
or employee.  Pursuant to Section 8226, the fisherman shall
relinquish the head from any sampled salmon with a missing adipose
fin.
  SEC. 2.  Section 8226 of the Fish and Game Code is amended to read:

   8226.  (a) Notwithstanding any measurement requirements under this
code, and to implement the department's salmon tagging program, any
person in possession of a salmon with a missing adipose fin, the
small, fleshy fin on the back of the fish between the back fin and
the tail, upon request by an authorized agent or employee of the
department, shall immediately relinquish the head of the salmon to
the state, at no charge, for recovery of any coded-wire tag.  The
head may be removed by the fish owner or, if removed by the official
department representative, the head shall be removed in a manner to
minimize loss of salmon flesh and the salmon shall immediately be
returned to the rightful owner.
   (b) It is unlawful to intentionally conceal, cull, or release into
the waters, a salmon with a missing adipose fin that it is otherwise
legal to possess.
  SEC. 3.  Section 8552.6 of the Fish and Game Code is amended to
read:
   8552.6.  (a) Notwithstanding Section 8552, a herring permit may be
issued to two individuals if the individuals are married to each
other and file with the department a certified copy of their
certificate of marriage and a declaration under penalty of perjury,
or a court order, stating that the permit is community property or if
(1) both are engaged in the herring roe fishery either by fishing
aboard the vessel or by personally participating in the management,
administration, and operation of the partnership's herring fishing
business and (2) there is a partnership constituting equal, 50
percent, ownership in a herring fishery operation, including a vessel
or equipment, and that partnership is demonstrated by any two of the
following:
   (A) A copy of a federal partnership tax return.
   (B) A written partnership agreement.
   (C) Joint ownership of a fishing vessel used in the herring
fishery as demonstrated on federal vessel license documents.
   (b) For purposes of this section, a herring permit does not
constitute a herring fishing operation.  A herring permit may be
transferred to one of the partners to be held thereafter in that
partner's name only if that partner has not less than 10 points
computed pursuant to paragraph  (2) of subdivision (a) of Section
8552.8 and there has been a death or retirement of the other partner,
a dissolution of partnership, or the partnership is dissolved by a
dissolution of marriage or decree of legal separation.  A transfer
under this section shall be authorized only if proof that the
partnership has existed for three or more consecutive years is
furnished to the department or a certified copy of a certificate of
marriage is on file with the department and the permit is community
property as provided in subdivision (a).  The transferor of a permit
shall not, by reason of the transfer, become ineligible to
participate further in the herring fishery or to purchase another
permit.
   (c) Notwithstanding subdivision (b), in the event of the death of
one of the partners holding a herring permit pursuant to this
section, where the partnership existed for longer than six months but
less than three years and the surviving partner does not have the
minimum points pursuant to subdivision (b) to qualify for a permit
transfer, the permit may be transferred on an interim basis for a
period of not more than 10 years to the surviving partner if an
application is submitted to the department within one year of the
deceased partner's death and the surviving partner participates in
the fishery for the purpose of achieving the minimum number of points
to be eligible for a permit transfer pursuant to Section 8552.2.
The interim permit shall enable the surviving partner to participate
in the herring fishery.  At the end of the interim permit period, the
surviving partner, upon application to the department, may be issued
the permit if he or she has participated in the fishery and gained
the minimum number of experience points for a permit.
  SEC. 4.  Section 10502.7 is added to the Fish and Game Code, to
read:
   10502.7.  (a) The director may appoint the Director of the Bodega
Marine Life Refuge.
   (b) The Director of the Bodega Marine Life Refuge may authorize
any person to enter the Bodega Marine Life Refuge for the purpose of
taking fish, invertebrates, or marine plants for scientific study and
to take or possess fish, invertebrates, or marine plants for
scientific study.
   (c) The Director of the Bodega Marine Life Refuge may authorize
any person to anchor a vessel in the Bodega Marine Life Refuge for
the purpose of scientific study.
  SEC. 5.  Section 10656 is added to the Fish and Game Code, to read:

   10656.  (a) Except as expressly provided in this division, it is
unlawful to enter the Bodega Marine Life Refuge for the purpose of
taking or possessing any fish, marine invertebrate, or marine plant,
or to take or possess any fish, marine invertebrate, or marine plant
in the Bodega Marine Life Refuge.
   (b) Except as permitted by federal law or emergency caused by
hazardous weather, it is unlawful to anchor or moor a vessel in the
Bodega Marine Life Refuge without authorization by the Director of
the Bodega Marine Life Refuge pursuant to Section 10502.7.
   (c) This section does not prohibit or restrict navigation in the
Bodega Marine Life Refuge pursuant to federal law.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
  SEC. 7.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to protect fish and marine species at the earliest time
possible, it is necessary for this act to take effect immediately.
